Prenuptial and Post Nuptial Agreements

The English court is taking prenuptial agreements into account as one of the factors when deciding the division of assets on divorce, although they are currently not legally binding.

Some couples now wish to enter into these contracts, either before (prenuptial) or after (post-nuptial) their marriage or civil partnership.

Prenups can provide protection to someone who has been through a divorce already and wants more certainty in the event this happens again, or to safeguard family money for future generations.

There are other situations where an agreement might be right for you. If you and your spouse want to agree financial and practical arrangements for your separation you could enter into a 'separation agreement' prior to divorce. Alternatively, if you are already married and want to move forward in your relationship without worrying about what might happen if the marriage breaks down, you might consider making a post-nuptial agreement to clarify financial issues.

The negotiation and drafting of such agreements needs to be handled with care. Expert advice is required to give the agreement the best chance of being upheld and to ensure that you and your partner understand its implications. As well as the legal process, they are often emotive and sensitive to draw up and we will provide you with the necessary practical guidance and emotional support.